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Can Probationary employee file an illegal dismissal case againts employer?

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lrdusaran


Arresto Menor
Hi Sir,

May I asked if a probationary employee can file an "illegal dismissal" case towards its employer when the grounds for termination of contract are clearly defined and explained? For example, punctuality and behavior towards co-employees. The recommendation (end of contract) was explained in advance and prior to the end of contract.

Hope you can help us on this.

Thanks.




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HrDude


Reclusion Perpetua
lrdusaran wrote:Hi Sir,

May I asked if a probationary employee can file an "illegal dismissal" case towards its employer when the grounds for termination of contract are clearly defined and explained? For example, punctuality and behavior towards co-employees. The recommendation (end of contract) was explained in advance and prior to the end of contract.

Hope you can help us on this.

Thanks.


YES, probationary employees can file a complaint of illegal dismissal. Probationary employees enjoy security of tenure during the period of probation and can only be terminated based on 'just and authorized causes' prescribed by the Labor Code and by following due process.

All employees CAN file a complaint but do they have a cause of action? That is for the courts to decide.

You stated 'termination of contract', employment contracts can only be shortened, extended, renewed, ended or rescinded.

I assume you mean 'termination of employment'. If so, as long as the employee/s received a copy of the rules and regulations of the company, they are then bound by it and they can be terminated based on just and authorized causes and by following due process.

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